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PSH-12-0099 - In the Matter of Personnel Security Hearing

On November 2, 2012, an OHA Hearing Officer issued a Decision in which she concluded that an individual should be granted DOE access authorization. A DOE Operations Office referred an applicant for a security clearance to administrative review under 10 C.F.R. Part 710, citing as security concerns issues pertaining to the individual’s alleged falsification of security questionnaires, as well as the individual’s history of arrests. The individual requested a hearing before an OHA Hearing Officer. After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer determined that the individual mitigated the security concerns. The Hearing Officer found that the individual’s omissions of information on security questionnaires in 1992 and 2011 were not deliberate falsifications of the forms. In addition, the Hearing Officer concluded that the concerns raised by the individual’s past criminal history were mitigated by the passage of time and the individual’s changed lifestyle in the years since the arrests. Consequently, the Hearing Officer determined that the individual mitigated the security concerns and the DOE should grant him a security clearance.